Business Law Ch. 4

Front 1

The power of judicial review

Back 1

The courts can decide whether the laws or actions of the executive branch and the legislative branch are constitutional

Front 2

Marbury vs. Madison

Back 2

1803 case that decided the power of judicial review

Front 3

jurisdiction

Back 3

the authority a court has to hear and decide a specific action. Must have juridiction over (1) the defendant or the property involved and (2) the subject matter

Front 4

in personam

Back 4

A court has in personam (personal) jurisdiction over state residents

Front 5

Long arm statutes

Back 5

Permit courts to exervise jurisdiction over nonresidents how have minimum contacts with the state (do business there)

Front 6

in rem

Back 6

A court has in rem jurisdiction over property within its borders

Front 7

general jurisdiction

Back 7

A court of general jurisdiction can decide virtually any type of case.

Front 8

A court's jurisdiction may be limited by...

Back 8

1. The subject of the suit
2. The amount of money in controversy
3. Whether the proceeding is a trial or appeal

Front 9

Diversity of citizenship

Back 9

Federal jurisdiction covers cases involving...
(1) Citizens or different states, foreign states and government
(2) Amounts more than $75,000

Front 10

Exclusive jurisdiction

Back 10

When cases can be tried only in federal courts or only in state courts (bankruptcy)

Front 11

Concurrent jurisdiction

Back 11

When both federal and state courts can hear a case (federal crimes)

Front 12

Jursidiction in cyberspace

Back 12

Whether a court can compel the appearance of a party outsie the limits of the court's jurisdiction depends on the amount of business the party transacts over the Internet with parties within the court's jurisdiction

Front 13

Standing to sue

Back 13

Standing = the injury or threat suffered by the plantiff. Must be present for plantiff to bring a suit and it must be justiciable (real, as opposed to hypothetical)

Front 14

Trial courts

Back 14

Where trials are held and testimony is taken

Front 15

Courts of appeals

Back 15

Look at questions of law NOT questions of fact unless a trial court's findings are contrary to the evidence.

Front 16

U.S. District Courts

Back 16

Where trials are held and testimony is taken for federal cases

Front 17

U.S. Courts of Appeals

Back 17

* The country is broken up into 12 circuits, each with their own court of appeals.
*The 13 court of appeals deals with certain cases such as patents or when the U.S. governtment is defendant

Front 18

The United States Supreme Court

Back 18

*Highest level of federal court system
*To be appealed to the Supreme Court, party must ask for the writ of certiorari.
*Accepting the writ is up to the Court

Front 19

voir dire

Back 19

"to speak the truth" The process in which attorneys question prospective jurors to determine whether they are biased or have any connection with the party

Front 20

preremtury challenge

Back 20

lawyer can challenge jurty and decide they don't want a certain person on the jury

Front 21

default judgement

Back 21

By a court against a defendant who has failed to appear in court to answer the complaint

Front 22

motion for a directed verdict

Back 22

Asking the judge to make a decision based that the other party has not produced sufficient evidence to support the claim

Front 23

counterclaim

Back 23

Made by the defendant in a civil lawsuit against the plaintiff. Defendant turns around and sues toe plaintiff

Front 24

motion for judgement N.O.V.

Back 24

When party feels the judgement was unreasonable, a motion requestion the court to grand judgment in their favor

Front 25

motion for judgement on the pleadings

Back 25

Any party can file the motion when no facts are disputed and only questions of law are at issue. Can only consider those facts stated in pleadings.

Front 26

motion for summary judgement

Back 26

Any party can file this motion if there is no disagreement about the facts and the only question is which laws apply. Can consider facts outside the pleadings.

Front 27

discovery

Back 27

a phase in the litigiation process which th oppossing parties may obtain information rom each others and third party prior to trial

Front 28

deposition

Back 28

The testimony of a party to a lawsuit or a witness taken under oath before trial

Front 29

interrogatories

Back 29

a series of written questions for which written answer are prepared

Front 30

motion for a new trial

Back 30

Asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, ect) that a new trial is necessary to prevent a miscarriage of justice

Front 31

appellant

Back 31

One who files a notice of appeal with the clerk of the trial court

Front 32

appellee

Back 32

One who files an answering brief

Front 33

Options of appellate court

Back 33

1. Affirm; enforce the lower court's order
2. Reverse
3. Remand: send back to court that originally heard the case